Justice Department Seeks Court Order to Isolate Alaska Ballots Before Election

The U.S. Department of Justice filed a motion on Friday requesting a court order to isolate specific ballots in Alaska ahead of Tuesday's general election. The request targets votes ranking Daniel J. Sullivan Jr., a boat dealership owner who shares a first and last name with incumbent Senator Dan Sullivan. Federal officials also confirmed the existence of a criminal investigation into the race.

Alaska U.S. Attorney Michael Heyman told reporters in Anchorage that the probe has been active for several months. He stated that recent reporting triggered a surge of law enforcement assets to the state. The Times reported that Mary Peltola’s campaign appeared involved in recruiting Sullivan for the ballot. Peltola is the Democratic challenger facing Republican Sen. Dan Sullivan in a race expected to influence Senate control.

In the civil filing, Assistant U.S. Attorney E. Bryan Wilson wrote that the government seeks to preserve all ballots ranking Daniel J. Sullivan. The filing argues this step is necessary to investigate potential voter confusion. Justice Department attorneys asserted there is a substantial risk that the challenger’s candidacy will mislead voters. They requested a judicial decision by Monday.

A boat dealership owner in Petersburg, Sullivan’s hometown, said that an FBI agent visited his business. The agent asked if he had been misled by the candidacy. The owner said he had not and noted that everyone in the area knows who the incumbent is. He had previously donated to Sullivan’s campaign.

State attorneys responded by questioning the logistics of segregating ballots. They argued that votes are commingled in the ballot box on Election Day. Separating ballots for one candidate would require election workers to identify individual votes, potentially violating ballot secrecy protections. They stated that segregated ballots would not reveal why a voter chose Sullivan.

The state team asked a judge to dismiss the case. They noted that elections officials already distinguished the two Sullivans on the ballot. The incumbent is listed as Dan S. Sullivan, Republican and incumbent. The challenger is listed as Daniel J. Sullivan Jr., with no party affiliation. This labeling matches the August open primary ballot. State attorneys also pointed to Alaska’s ranked choice voting system as a safeguard against confusion.

Heyman did not specify the potential crimes under investigation or the targets of the probe. He asked members of the public to provide tips to investigators. The public confirmation of the criminal probe is unusual, as the Justice Department typically avoids public steps in the weeks before an election. President Donald Trump said he instructed the department to file the civil case.

Peltola denied knowledge of any effort to put Sullivan on the ballot. At a rally in Anchorage on Friday, she said she is deeply offended by the accusations. She said, I have no idea, when asked if someone on her campaign recruited Sullivan. She referenced former campaign manager Elisa Rios, who was fired before the primary, saying certain people are gone for a good reason.

Federal prosecutors issued dozens of grand jury subpoenas and record preservation requests earlier this week. Gov. Mike Dunleavy ordered a state investigation into potential violations following the news report. The Alaska Democratic Party also sued state officials over absentee voting sites in rural communities. A letter from the Division of Elections stated that most of the 18 highlighted sites opened as advertised.